S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4018
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M. of A. ABINANTI, BUTTENSCHON -- read once and referred
   to the Committee on Higher Education
 
 AN ACT to amend the education law and the state finance law, in relation
   to providing a  recruitment  incentive  and  scholarship  program  for
   certain active members of New York volunteer fire departments

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section  669-c
 to read as follows:
   §  669-C.  NEW  YORK STATE VOLUNTEER FIREFIGHTER RECRUITMENT INCENTIVE
 PROGRAM SCHOLARSHIP. 1. PURPOSE. THE NEW YORK STATE VOLUNTEER FIREFIGHT-
 ER RECRUITMENT INCENTIVE PROGRAM SCHOLARSHIP (NY-VFR) IS  HEREBY  ESTAB-
 LISHED FOR THE PURPOSE OF GRANTING INCENTIVE SCHOLARSHIP AWARDS TO STATE
 RESIDENTS WHO ARE ACTIVE MEMBERS OF A LOCAL VOLUNTEER FIRE DEPARTMENT.
   2.  ELIGIBILITY. A NY-VFR SCHOLARSHIP AWARD SHALL BE MADE TO AN APPLI-
 CANT WHO:
   (A) IS A RESIDENT OF THE STATE OF NEW YORK;
   (B) IS AN ACTIVE MEMBER OF HIS OR HER LOCAL VOLUNTEER FIRE DEPARTMENT;
   (C) IS MATRICULATED IN AN APPROVED PROGRAM LEADING TO AN UNDERGRADUATE
 DEGREE AT A NEW YORK STATE PUBLIC INSTITUTION OF HIGHER EDUCATION; AND
   (D) IS ENROLLED:
   (I) FOR FULL-TIME STUDY, IN AT LEAST TWELVE CREDITS PER  SEMESTER  AND
 COMPLETES  AT  LEAST  THIRTY  COMBINED  CREDITS  PER  YEAR FOLLOWING THE
 STUDENT'S START DATE, OR  ITS  EQUIVALENT,  APPLICABLE  TO  HIS  OR  HER
 PROGRAM  OR PROGRAMS OF FULL-TIME STUDY, EXCEPT IN LIMITED CIRCUMSTANCES
 AS PRESCRIBED BY THE CORPORATION IN REGULATION; OR
   (II) FOR PART-TIME STUDY, IN AT LEAST SIX  CREDITS  PER  SEMESTER  AND
 COMPLETES  AT  LEAST  FIFTEEN  COMBINED  CREDITS  PER YEAR FOLLOWING THE
 STUDENT'S START DATE, OR  ITS  EQUIVALENT,  APPLICABLE  TO  HIS  OR  HER
 PROGRAM  OR PROGRAMS OF PART-TIME STUDY, EXCEPT IN LIMITED CIRCUMSTANCES
 AS PRESCRIBED BY THE CORPORATION IN REGULATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01760-01-1

 A. 4018                             2
 
   (III) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPHS (I) AND (II)  OF
 THIS  PARAGRAPH, IN THE STUDENT'S LAST SEMESTER, A FULL-TIME STUDENT MAY
 TAKE AT LEAST ONE COURSE NEEDED TO MEET HIS OR HER  GRADUATION  REQUIRE-
 MENTS  AND  ENROLL  IN  AND COMPLETE AT LEAST TWELVE CREDIT HOURS OR ITS
 EQUIVALENT  AND  A PART-TIME STUDENT MAY TAKE AT LEAST ONE COURSE NEEDED
 TO MEET HIS OR HER GRADUATION REQUIREMENTS AND ENROLL IN AND COMPLETE AT
 LEAST SIX CREDIT HOURS OR ITS EQUIVALENT.
   3. AMOUNT. (A) WITHIN  AMOUNTS  APPROPRIATED  THEREFOR  AND  BASED  ON
 AVAILABILITY OF FUNDS, NY-VFR SCHOLARSHIP AWARDS SHALL BE GRANTED BEGIN-
 NING WITH THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE ACADEM-
 IC YEAR AND THEREAFTER TO APPLICANTS THAT THE CORPORATION HAS DETERMINED
 ARE ELIGIBLE TO RECEIVE SUCH AWARDS.
   (B) FOR FULL-TIME STUDENTS, THE CORPORATION SHALL GRANT SUCH AWARDS IN
 AN  AMOUNT  UP  TO FIVE THOUSAND FIVE HUNDRED DOLLARS OR ACTUAL TUITION,
 WHICHEVER IS LESS. FOR PART-TIME STUDENTS, THE CORPORATION  SHALL  GRANT
 SUCH  AWARDS IN AN AMOUNT UP TO TWO THOUSAND SEVEN HUNDRED FIFTY DOLLARS
 OR ACTUAL TUITION, WHICHEVER IS LESS. ALL  AWARDS  ARE  SUBJECT  TO  THE
 PROVISIONS OF PARAGRAPH (C) OF THIS SUBDIVISION.
   (C)  (I) A STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS
 THAT COVER THE STUDENT'S FULL COST OF ATTENDANCE SHALL NOT  BE  ELIGIBLE
 FOR AN AWARD UNDER THIS PROGRAM.
   (II) AN AWARD UNDER THIS PROGRAM SHALL BE APPLIED TO TUITION AFTER THE
 APPLICATION  OF  PAYMENTS  RECEIVED UNDER THE TUITION ASSISTANCE PROGRAM
 PURSUANT TO SECTION SIX HUNDRED SIXTY-SEVEN  OF  THIS  SUBPART,  TUITION
 CREDITS  PURSUANT  TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS ARTICLE,
 FEDERAL PELL GRANT PURSUANT TO SECTION ONE  THOUSAND  SEVENTY  OF  TITLE
 TWENTY  OF  THE UNITED STATES CODE, ET. SEQ., AND ANY OTHER PROGRAM THAT
 COVERS  THE  COST  OF  ATTENDANCE  UNLESS  EXCLUSIVELY  FOR  NON-TUITION
 EXPENSES,  AND  THE  AWARD  UNDER  THIS  PROGRAM SHALL BE REDUCED IN THE
 AMOUNT EQUAL TO SUCH PAYMENTS, PROVIDED THAT THE  COMBINED  BENEFITS  DO
 NOT EXCEED FIVE THOUSAND FIVE HUNDRED DOLLARS FOR FULL-TIME STUDY OR TWO
 THOUSAND SEVEN HUNDRED FIFTY DOLLARS FOR PART-TIME STUDY.
   (D)  UPON NOTIFICATION OF AN AWARD UNDER THIS PROGRAM, THE INSTITUTION
 SHALL DEFER THE CORRESPONDING AMOUNT OF TUITION.  NOTWITHSTANDING  PARA-
 GRAPH H OF SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-FIVE AND PARA-
 GRAPH  (A)  OF SUBDIVISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX
 OF THIS CHAPTER, AND ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRARY,
 THE UNDERGRADUATE TUITION CHARGED BY THE INSTITUTION TO RECIPIENTS OF AN
 AWARD  SHALL  NOT EXCEED THE TUITION RATE ESTABLISHED BY THE INSTITUTION
 FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE ACADEMIC YEAR
 PROVIDED, HOWEVER, THAT IN THE TWO THOUSAND  TWENTY-SEVEN--TWO  THOUSAND
 TWENTY-EIGHT  ACADEMIC  YEAR AND EVERY FOUR YEARS THEREAFTER, THE UNDER-
 GRADUATE TUITION CHARGED BY THE INSTITUTION TO RECIPIENTS  OF  AN  AWARD
 SHALL  BE RESET TO EQUAL THE TUITION RATE ESTABLISHED BY THE INSTITUTION
 FOR THE FORTHCOMING ACADEMIC YEAR, PROVIDED  FURTHER  THAT  THE  TUITION
 CREDIT  CALCULATED PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS
 ARTICLE SHALL BE APPLIED TOWARD THE TUITION RATE CHARGED FOR  RECIPIENTS
 OF  AN AWARD UNDER THIS PROGRAM. PROVIDED FURTHER THAT THE STATE UNIVER-
 SITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK  SHALL  PROVIDE  AN
 ADDITIONAL  TUITION  CREDIT  TO STUDENTS RECEIVING AN AWARD TO COVER THE
 REMAINING COST OF TUITION.
   4. DURATION. (A) AN ELIGIBLE RECIPIENT SHALL NOT RECEIVE AN AWARD  FOR
 MORE  THAN  FOUR ACADEMIC YEARS OF FULL-TIME UNDERGRADUATE STUDY OR FIVE
 ACADEMIC YEARS IF THE PROGRAM OF STUDY NORMALLY REQUIRES FIVE YEARS.  AN
 ELIGIBLE  RECIPIENT  ENROLLED  IN  AN ELIGIBLE TWO YEAR PROGRAM OF STUDY

 A. 4018                             3
 
 SHALL NOT RECEIVE AN AWARD FOR MORE THAN TWO ACADEMIC YEARS OF FULL-TIME
 ACADEMIC STUDY.
   (B)  AN  ELIGIBLE  RECIPIENT  SHALL NOT RECEIVE AN AWARD FOR MORE THAN
 EIGHT ACADEMIC YEARS OF PART-TIME UNDERGRADUATE STUDY  OR  TEN  ACADEMIC
 YEARS IF THE PROGRAM OF STUDY NORMALLY REQUIRES TEN YEARS TO COMPLETE ON
 A  PART-TIME  BASIS.  AN  ELIGIBLE RECIPIENT ENROLLED IN AN ELIGIBLE TWO
 YEAR PROGRAM OF STUDY SHALL NOT RECEIVE AN  AWARD  FOR  MORE  THAN  FOUR
 ACADEMIC YEARS OF PART-TIME UNDERGRADUATE STUDY.
   (C)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS
 SUBDIVISION, SUCH DURATION MAY BE EXTENDED FOR AN ALLOWABLE INTERRUPTION
 OF STUDY INCLUDING, BUT NOT  LIMITED  TO,  DEATH  OF  A  FAMILY  MEMBER,
 MEDICAL  LEAVE,  MILITARY SERVICE, AND PARENTAL LEAVE, AS ESTABLISHED BY
 THE CORPORATION IN REGULATION.
   5. APPLICATION. AN APPLICANT FOR NY-VFR SCHOLARSHIP AWARD SHALL:
   (A) COMPLETE THE ADMISSIONS PROCESS, BE ACCEPTED INTO AND  MATRICULATE
 IN  AN APPROVED PROGRAM LEADING TO AN UNDERGRADUATE DEGREE AT A NEW YORK
 STATE PUBLIC INSTITUTION OF HIGHER EDUCATION;
   (B) COMPLETE THE MEMBERSHIP PROCESS AND BE ACCEPTED INTO AND JOIN  HIS
 OR HER LOCAL VOLUNTEER FIRE DEPARTMENT;
   (C)  FOR EACH SEMESTER FOR WHICH AN AWARD IS SOUGHT, COMPLETE A NY-VFR
 SCHOLARSHIP AWARD VOLUNTEER SERVICE  COMMITMENT  FORM,  HAVE  SUCH  FORM
 SIGNED  BY  THE  CHIEF  OF THE VOLUNTEER FIRE DEPARTMENT AND SUBMIT SUCH
 FORM TO THE CORPORATION. SUCH FORM SHALL BE IN A FORM ACCEPTABLE TO  THE
 CORPORATION  AND  SHALL  INDICATE  THE  COURSE OF STUDY THE APPLICANT IS
 PURSUING AND WHETHER THE APPLICANT IS A FULL-TIME OR PART-TIME  STUDENT;
 AND
   (D)  EXECUTE  AN  AWARD CONVERSION AGREEMENT, AS DESCRIBED IN SUBPARA-
 GRAPH (II) OF PARAGRAPH (E) OF SUBDIVISION SIX OF THIS SECTION.
   6. CONDITIONS. (A) AN APPLICANT WHO WOULD BE ELIGIBLE FOR A  NEW  YORK
 STATE  TUITION  ASSISTANCE PROGRAM AWARD PURSUANT TO SECTION SIX HUNDRED
 SIXTY-SEVEN OF THIS SUBPART AND/OR A  FEDERAL  PELL  GRANT  PURSUANT  TO
 SECTION  ONE THOUSAND SEVENTY OF TITLE TWENTY OF THE UNITED STATES CODE,
 ET. SEQ., IS REQUIRED TO APPLY FOR EACH SUCH AWARD.
   (B) AN APPLICANT WHO HAS EARNED A BACHELOR'S DEGREE IS  INELIGIBLE  TO
 RECEIVE AN AWARD PURSUANT TO THIS SECTION.
   (C) AN APPLICANT WHO HAS EARNED AN ASSOCIATE'S DEGREE IS INELIGIBLE TO
 RECEIVE  AN  AWARD  FOR  A  TWO  YEAR  PROGRAM OF STUDY PURSUANT TO THIS
 SECTION.
   (D) NOTWITHSTANDING PARAGRAPH C OF SUBDIVISION  FOUR  OF  SECTION  SIX
 HUNDRED  SIXTY-ONE OF THIS PART, A SCHOOL SHALL CERTIFY THAT A RECIPIENT
 HAS ACHIEVED A GRADE POINT AVERAGE NECESSARY FOR  SUCCESSFUL  COMPLETION
 OF HIS OR HER COURSEWORK TO RECEIVE PAYMENT UNDER THE AWARD.
   (E)  (I)  A  RECIPIENT  SHALL  AGREE TO RESIDE EXCLUSIVELY IN NEW YORK
 STATE AND PROVIDE A YEAR OF SERVICE TO HIS OR HER LOCAL  VOLUNTEER  FIRE
 DEPARTMENT FOR A CONTINUOUS NUMBER OF YEARS EQUAL TO THE DURATION OF THE
 AWARD  RECEIVED. SUCH SERVICE WILL COMMENCE WITHIN SIX MONTHS OF RECEIPT
 OF THE RECIPIENT'S FINAL AWARD PAYMENT; PROVIDED, HOWEVER, THAT  IF  THE
 RECIPIENT  HAS  PROVIDED  SERVICE  TO  HIS  OR  HER LOCAL VOLUNTEER FIRE
 DEPARTMENT AS A FULL-TIME OR PART-TIME ACTIVE MEMBER  DURING  ALL  OR  A
 PART  OF  THE  PERIOD  THAT HE OR SHE WAS RECEIVING AN AWARD PURSUANT TO
 THIS SECTION, SUCH SERVICE SHALL  BE  CREDITED  TOWARD  THE  RECIPIENT'S
 SERVICE  REQUIREMENT.  FOR  PURPOSES  OF THIS SUBPARAGRAPH, TWO YEARS OF
 PART-TIME SERVICE SHALL BE THE  EQUIVALENT  OF  ONE  YEAR  OF  FULL-TIME
 SERVICE.
   (II)  THE  SERVICE  OBLIGATIONS  DESCRIBED  IN  THIS  SUBDIVISION  ARE
 REQUIRED OF EACH RECIPIENT OF  AN  AWARD,  REGARDLESS  OF  WHETHER  SUCH

 A. 4018                             4
 
 RECIPIENT  HAS  COMPLETED  HIS  OR  HER DEGREE. A RECIPIENT SHALL SIGN A
 CONTRACT WITH THE CORPORATION TO HAVE HIS OR HER AWARD, IN  FULL  OR  IN
 PART,  CONVERTED  TO A STUDENT LOAN ACCORDING TO A SCHEDULE TO BE DETER-
 MINED  BY  THE  CORPORATION  IF SUCH STUDENT FAILS TO FULFILL HIS OR HER
 SERVICE REQUIREMENT AS DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   (III) THE TERMS AND CONDITIONS OF THIS PARAGRAPH MAY,  AS  ESTABLISHED
 BY  THE  RULES  AND  REGULATIONS OF THE CORPORATION, BE DEFERRED: (A) TO
 COMPLETE UNDERGRADUATE STUDY; OR (B) TO ATTEND  GRADUATE  SCHOOL  ON  AT
 LEAST A HALF-TIME BASIS.
   (IV) ANY OBLIGATION TO COMPLY WITH THE SERVICE REQUIREMENT AS OUTLINED
 IN  THIS  PARAGRAPH  MAY  BE  CANCELLED UPON THE DEATH OF THE RECIPIENT.
 NOTWITHSTANDING ANY PROVISIONS OF THIS PARAGRAPH TO  THE  CONTRARY,  THE
 CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE
 FOR  THE  WAIVER  OR  SUSPENSION  OF ANY FINANCIAL OBLIGATION OR SERVICE
 REQUIREMENT WHICH WOULD INVOLVE EXTREME HARDSHIP.
   (F) A RECIPIENT SHALL BE INELIGIBLE FOR ADDITIONAL AWARDS IF:
   (I) SUCH RECIPIENT WHO CEASES TO BE AN ACTIVE MEMBER  OF  HIS  OR  HER
 LOCAL  VOLUNTEER FIRE DEPARTMENT, UNLESS SUCH CESSATION IS TEMPORARY AND
 DUE TO CIRCUMSTANCES BEYOND HIS OR HER  CONTROL  AS  DETERMINED  BY  THE
 CORPORATION;
   (II)  SUCH  RECIPIENT  WHO FAILS TO MEET ACCEPTABLE VOLUNTEER ACTIVITY
 LEVELS AS DETERMINED BY HIS OR HER LOCAL VOLUNTEER FIRE DEPARTMENT;
   (III) SUCH RECIPIENT WHO QUITS OR FORFEITS MEMBERSHIP IN OR IS  TERMI-
 NATED OR EXPELLED FROM HIS OR HER VOLUNTEER FIRE DEPARTMENT.
   7.  RECIPIENT  SELECTION. THE PRESIDENT MAY ESTABLISH: (A) AN APPLICA-
 TION DEADLINE AND (B) A METHOD OF SELECTING RECIPIENTS IF IN  ANY  GIVEN
 YEAR  THERE  ARE INSUFFICIENT FUNDS TO COVER THE NEEDS OF ALL THE APPLI-
 CANTS PROVIDED THAT PRIORITY SHALL BE GIVEN TO ELIGIBLE  APPLICANTS  WHO
 ARE CURRENTLY IN ATTENDANCE AT A PUBLIC INSTITUTION OF HIGHER EDUCATION.
   8.  RULES AND REGULATIONS. THE CORPORATION IS AUTHORIZED TO PROMULGATE
 RULES AND REGULATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS,  NECES-
 SARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION INCLUDING,
 BUT  NOT LIMITED TO, THE CRITERIA FOR DISTRIBUTING THE AWARDS, WHICH MAY
 INCLUDE A LOTTERY OR OTHER FORM OF RANDOM SELECTION.
   9. DEFINITIONS. AS USED IN THIS SECTION:
   (A) "ACTIVE MEMBER" SHALL MEAN A MEMBER OF A VOLUNTEER FIRE DEPARTMENT
 WHO:
   (I) MEETS HIS OR HER  LOCAL  VOLUNTEER  FIRE  DEPARTMENT'S  MEMBERSHIP
 REQUIREMENTS;
   (II)  HAS  BEEN  ACCEPTED INTO HIS OR HER LOCAL VOLUNTEER FIRE DEPART-
 MENT; AND
   (III) FULFILLS THE ESTABLISHED SERVICE  REQUIREMENTS  OF  HIS  OR  HER
 LOCAL VOLUNTEER FIRE DEPARTMENT.
   (B)  "VOLUNTEER  FIRE  DEPARTMENT"  MEANS A VOLUNTEER FIRE DEPARTMENT,
 VOLUNTEER FIRE COMPANY OR VOLUNTEER FIRE DISTRICT THAT IS  A  MEMBER  OF
 THE FIREMAN'S ASSOCIATION OF THE STATE OF NEW YORK.
   (C)  "CHIEF  OF  THE  FIRE DEPARTMENT" MEANS ANY PERSON SERVING IN THE
 HIGHEST OPERATIONS  OR  ADMINISTRATIVE  CAPACITY  IN  A  VOLUNTEER  FIRE
 DEPARTMENT.
   (E)  "PART-TIME  STUDY" MEANS ENROLLMENT IN AN APPROVED POST-SECONDARY
 DEGREE PROGRAM FOR AT LEAST SIX BUT LESS THAN TWELVE SEMESTER HOURS.
   (F) "RESIDENT" MEANS A PERSON  WHOSE  PRINCIPAL  DOMICILE  IS  LOCATED
 WITHIN NEW YORK STATE IN EXCESS OF ONE HUNDRED EIGHTY-SIX DAYS PER YEAR.
   §  2.  Section  604  of  the  education law is amended by adding a new
 subdivision 13 to read as follows:

 A. 4018                             5

   13. A NEW  YORK  STATE  VOLUNTEER  FIREFIGHTER  RECRUITMENT  INCENTIVE
 PROGRAM SCHOLARSHIP PURSUANT TO SECTION SIX HUNDRED SIXTY-NINE-C OF THIS
 TITLE.
   §  3. The state finance law is amended by adding a new section 91-e to
 read as follows:
   § 91-E. NEW YORK STATE  VOLUNTEER  FIREFIGHTER  RECRUITMENT  INCENTIVE
 PROGRAM  SCHOLARSHIP  FUND.  1. THERE IS HEREBY ESTABLISHED IN THE JOINT
 CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER  OF  TAXATION  AND
 FINANCE AN ACCOUNT IN THE MISCELLANEOUS SPECIAL REVENUE FUND TO BE KNOWN
 AS  THE  NEW  YORK  STATE  VOLUNTEER  FIREFIGHTER  RECRUITMENT INCENTIVE
 PROGRAM SCHOLARSHIP FUND.
   2. SUCH FUND SHALL CONSIST OF  ALL  REVENUES  RECEIVED  FROM  CONTRIB-
 UTIONS,  DONATIONS AND ALL OTHER MONEYS APPROPRIATED, CREDITED OR TRANS-
 FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE  MAY
 BE  EXPENDED  FOR  THE  NEW YORK STATE VOLUNTEER FIREFIGHTER RECRUITMENT
 INCENTIVE PROGRAM SCHOLARSHIP PROGRAM ESTABLISHED  PURSUANT  TO  SECTION
 SIX  HUNDRED SIXTY-NINE-C OF THE EDUCATION LAW. MONEYS SHALL BE PAID OUT
 OF THE FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON  VOUCH-
 ERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF EDUCATION.
   §  4.  The commissioner of education shall report on the operation and
 subsequent effectiveness of the program created by this  act,  one  year
 after  it shall have become a law and annually thereafter, to the gover-
 nor, temporary president of the senate, the speaker of the assembly, the
 minority leader of the senate and the minority leader of the assembly.
   § 5. This act shall take effect January 1, 2022.